"The Attorney General’s Office [...] said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest. ‘It did not, nor could have, advised to whom the bequest should go.’
A Tory party spokesman said: ‘The solicitors for the deceased, acting as the executors, informed the Conservative Party that it was a beneficiary of the will.’
A Lib Dem spokesman said: ‘The Liberal Democrats were notified that the party was a beneficiary of Miss Edwards’s will.’ "
Not being bigged up by the BBC. This is really a story about appalling draftsmanship by whoever drew the will - presumably the solicitors who are now it's executors.
The BBC chooses carefully which stories to big up, or even cover. The money was not destined for Tory coffers or their coalition partners, but should have been nominated for a hospice or similar. She clearly trusted the government with her money, which most of us (hopefully) would not.
I always used to prefer my favourite gorgeous hunks to be clean-shaven, and I usually find them sexier when they are. But in the case of Daniel Radcliffe (who is currently the most gorgeous man in the world) I prefer him to be stubbly (as he usually is). I think it's because it's a sign of masculinity, and because he's so smooth and beautiful that he is capable of being stubbly without looking scruffy. It may also be partly because he was already very stubbly unusually early when I saw him in "Equus" when he was only 17½. I sometimes think that I have an Orwellian case of "doublethink" in that I prefer some people to be stubbly when they are stubbly, and prefer them to be clean-shaven when they're clean-shaven.
I went without shaving for 19 days in 2006 just to see what it was like. My memory is that it was awkward and itchy for the first few days, but then better.
(OT) an interesting example of Chinese Whispers, as reported by Charles Moore (referring to the Conservative Party leadership election (1974-75) when Edward Du Cann was considering being a candidate:
"Airey Neave wrote "Cecil Parkinson told me that the Whips had heard via J. Selwyn Gummer that Shirley Williams had said the Labour Party had a 'dossier' on Edward Du Cann and his City connections."
(OT) an interesting example of Chinese Whispers, as reported by Charles Moore (referring to the Conservative Party leadership election (1974-75) when Edward Du Cann was considering being a candidate:
"Airey Neave wrote "Cecil Parkinson told me that the Whips had heard via J. Selwyn Gummer that Shirley Williams had said the Labour Party had a 'dossier' on Edward Du Cann and his City connections."
Having spent a fair slab of my career as a BBC News editor I can say that stories like this in the normal course of events don't get bigged up overnight. That will come during the day time once the current affairs programmes have got hold of it.
Not being bigged up by the BBC. This is really a story about appalling draftsmanship by whoever drew the will - presumably the solicitors who are now it's executors.
It's important that we should see the wording of the Will in full. If the testator created a discretionary trust, which gave the Executors the right to donate the money to a political party or parties, then there's nothing wrong with this gift. If the money was left to "the government", then the Executors have no business giving it to political parties.
IIRC if you die intestate and have no relatives - your assets are counted as the property of the State - is this bit of the lady's will rather similar to that?
I'm struggling to see how a political party could get it hands on money intended for the State as a donation to spend - surely it is the responsibility of the Executors to pass it HMRC.
A most peculiar story. I remain sceptical - if the Executors have made an error, then the Parties should just hand it back.
I hate to see squabbling over wills at the best of times.
It's important that we should see the wording of the Will in full. If the testator created a discretionary trust, which gave the Executors the right to donate the money to a political party or parties, then there's nothing wrong with this gift. If the money was left to "the government", then the Executors have no business giving it to political parties.
"In 2010-11, members of the public gave more than £1 million to the Government, almost all of it left in wills.
Executors of the estates write a cheque made out to “HM Treasury” and it goes into the nation’s coffers. Bequests to individual political parties usually involve a specific clause in a will. "
This is one of those stories where the facts are almost irrelevant - it just sounds bad however you try to spin it, and the more you try to explain, the worse it gets.
On an unrelated topic, during 1969-70 I lived in Swiss Cottage and Kilburn, working on Marylebone Road. I used to frequent Classic Cinemas, in particular the ones in Baker Street, Hampstead, and Praed Street Paddington. The Praed Street cinema was an almost untouched theatre from the 1920s. The Hampstead one was a small and comfortable cinema at the bottom of hill, and the Baker Street one was a nice comparatively new though small theatre.
The Beatles Apple boutique on Baker Street was still there.
On googling them this evening, I was somewhat disappointed to find that not a single one is still standing.
While the wording of the will may have given "absolute discretion" to the Government, one would think that the Government still has to act within the law in exercising that discretion.
While the wording of the will may have given "absolute discretion" to the Government, one would think that the Government still has to act within the law in exercising that discretion.
The government are not the will's executors.....and as JL points out, told the executors that they could not provide them with advice on how to do their job...
The final sentence states: The British Library defended its position, saying that it wanted to protect children visiting the building from content "such as pornography and gambling websites".
While the wording of the will may have given "absolute discretion" to the Government, one would think that the Government still has to act within the law in exercising that discretion.
The government are not the will's executors.....and as JL points out, told the executors that they could not provide them with advice on how to do their job...
Is the story that * the executors contacted the Attorney General's office * the office refused to provide any meaningful guidance, then * the executors spontaneously donated the cash to the parties?
If that is indeed what happened, then it appears to be the executors who are at fault, since they failed to follow the instructions in the will. Seems unlikely though.
The Church of England’s rival to payday loan companies will not be ready to do business for more than ten years, the Archbishop of Canterbury admitted yesterday.
Justin Welby said setting up credit unions to compete with controversial lenders such as Wonga will take ‘major skills and much time’.
Methinks OGH wants this to be a big story, if you stand back for a moment and think, anyone who has ever had any dealings with wills and executors will know that the potential beneficiaries cannot decide who gets the money.
While the wording of the will may have given "absolute discretion" to the Government, one would think that the Government still has to act within the law in exercising that discretion.
The government are not the will's executors.....and as JL points out, told the executors that they could not provide them with advice on how to do their job...
Is the story that * the executors contacted the Attorney General's office * the office refused to provide any meaningful guidance, then * the executors spontaneously donated the cash to the parties?
If that is indeed what happened, then it appears to be the executors who are at fault, since they failed to follow the instructions in the will. Seems unlikely though.
From the Mail article:
"Tory and Lib Dem sources claimed the executors of Miss Edwards’ will, two West Country solicitors, initially contacted the Government’s Treasury Solicitors department to ask where to send the cash, and that both the Treasury Solicitors and the office of Attorney General Dominic Grieve – a Conservative MP – then ruled it was a ‘party political donation’. This was flatly contradicted by the Attorney General’s Office, which said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice. ‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest. ‘It did not, nor could have, advised to whom the bequest should go.’
"Grasping politicians steal spinster's bequest" was always going to be a better story than "Two West Country Solicitors Screw Up".... What ever the facts.....
Thanks - I just went to the site - the ABC Blackpool, which I remember going to the opening show as an 11 year old and seeing Cliff Richard and the Shadows (remember them?), as well as several Beatles shows (including the version of Yesterday on the Anthology dvd), and several editions of Blackpool Night Out, has closed as well.
Methinks OGH wants this to be a big story, if you stand back for a moment and think, anyone who has ever had any dealings with wills and executors will know that the potential beneficiaries cannot decide who gets the money.
Nah nah it was Cameron that opened the envelope and put the money in his back pocket.
Nick Palmer on the previous thread 'presumably none of us think we are actually persuading each other here or indeed doing anything more than having a chat'
Tim clearly does; why else would he waste his life posting here so often?
I suspect todays threads will prove that point, I'm expecting at least 100 'Grant Spivs'.
Good news from Euro Zone - France growth 0.5% vs 0.2% forecast while Germany up 0.7% vs Q1 0.1%. Whole Euro zone figures out later - but looks like the core is pulling away from the periphery.
Sir Alastair Graham on R4 - surprised at the Executors of the will interpreting the bequest in this way - but parties should give it back.
Given that Sir Alistair is a Labour man - I'm not exactly surprised, but that doesn't get mentioned. He gets wheeled out to express his inexpert opinion with tedious regularity, and always says whatever the Outrage Bus passengers think.
It definitely is - they had an article yesterday describing how the PGA Tour had made a bid for the European Tour, (not before time - the European Tour is woeful, inept, and getting worse), and with a caption describing Jason Dufner as winner of something called the 'US Masters' (sic), instead of the PGA Championship.
Horrible story for the coalition parties, but being the Daily Mail the starting assumption has to be that the reporting is mostly cobblers.
Someone needs to publish the will ASAP (I know it is public domain, but they need to highlight it).
I suspect the decision by the solicitors depends on whether the legacy was:
to "the Government" or to "whoever is in Government" - i.e. are they leaving it to the government or to the bodies that form the government.
That said, this is one of those stories where the facts really don't matter. It just sounds horrible.
It's an interesting headline by the Mail though. Hugely negative in tone - but doesn't actually *accuse* the government of anything inappropriate. I wonder if they are nervous about libel (can you libel a party?)
It definitely is - they had an article yesterday describing how the PGA Tour had made a bid for the European Tour, (not before time - the European Tour is woeful, inept, and getting worse), and with a caption describing Jason Dufner as winner of something called the 'US Masters' (sic), instead of the PGA Championship.
I know we knock the Telegraph here a lot for technical mistakes - but apparently its the paper who's actually the most accurate. I can't recall the source but there was some chat about on Twitter about a week or so ago.
The Times were the *paper of record* in the past - so not quite sure what's going on or if the study was flawed.
Nick Palmer on the previous thread 'presumably none of us think we are actually persuading each other here or indeed doing anything more than having a chat'
Tim clearly does; why else would he waste his life posting here so often?
I suspect todays threads will prove that point, I'm expecting at least 100 'Grant Spivs'.
Should we have a bet on how many times over the next 10 days tim mentions this will issue?
If this shows one thing, it is how vital it is to ensure the wording of your will matches your intent.
How many of us (the non-lawyers aside) can honestly say we've updated our wills in the last five years, or since a big event in our lives (marriage, birth of a new child etc)?
On topic - absolutely outrageous they must give this money back.
Off - topic Bimbo Marching Powder
For some reason the two rather stupid young women arrested in Peru for trying to smuggle cocaine is leading the BBC this morning so I thought I'd pass on what I've heard.
Firstly the young women are guilty as a puppy sitting next to a pile of poo. They knew what they were doing. The "we were forced to", "they had guns pointed at our head" is the line that their handlers told to say if anything went wrong. So they are guilty and can look forward to seven years (the twenty-five years reported is nonsense) in the Santa Mónica female prison. An unpleasant place to be yet their own responsibility.
So far so clear. Thats what happens when two bimbos carry $1.5 million of cocaine through Peruvian customs.
From what i'm told, the wider context is more complex - and please note this doesnt in anyway excuse the criminality of the two. They are, rather dim, which begs the question why an international drugs cartel would entrust such a large amount of cocaine with two rather intellectually challenged people? The answer appears to be that they were the fall guys. Rather a lot of cocaine goes through the route they were taking, in order to "turn a blind eye" at the airport Peruvian customs are routinely bribed. Here is the bribe. $1.5 million of cocaine, the head of customs gets to strut his stuff (and no doubt pick up a bonus) and the Peruvian government can point to a very public example of its efforts in the "war on drugs" and so convince the Yanquis to continue to give them millions of dollars to order to fight cocaine production, a fight no Peruvian government has any intention of ever joining, but every intention of milking the gullible gringoes for.
So rather like betting - never play for stakes you cant afford and never play with people who have more power and greater knowledge than you.
I know we knock the Telegraph here a lot for technical mistakes - but apparently its the paper who's actually the most accurate.
The Telegraph ran the story also, without the howler of a photo caption.
Interestingly, Tim Finchem, PGA Tour Commissioner, issued a statement that was something of a non-denial denial. There have been rumors for some time of a takeover - sorry merger. The PGA Tour is surging ahead, whereas the European Tour simply has no business vision.
I know we knock the Telegraph here a lot for technical mistakes - but apparently its the paper who's actually the most accurate.
The Telegraph ran the story also, without the howler of a photo caption.
Interestingly, Tim Finchem, PGA Tour Commissioner, issued a statement that was something of a non-denial denial. There have been rumors for some time of a takeover - sorry merger. The PGA Tour is surging ahead, whereas the European Tour simply has no business vision.
I love photo captions - and the Alt tag wording that creeps in. Several great examples of the web editors personal views or strange pix totally out of context.
There's one in the Times yesterday about the Tesco Polish workers story - but the chappy is actually a Tesco Beijing employee and he's erm Chinese.
Actually I've changed my mind about this story - there are 19 months until he GE and Labour are gong to leap at the chance to waste one more banging on about this rather than face the policy problem.
Carry on whining about this - its huuuuuuuuuuuuuge.
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
...Writing on his blog, Campbell said Labour must be "more robust in defending the record, including the [Brown]/Darling handling of the global financial crisis". He added: "Labour have played into Tory hands on this, and there needs to be an admission of that, so that even at this late stage, a proper debate and a proper reckoning of the record can be had. The rightwing press and its broadcasting echo chamber will not be easy to turn around on this, and the coalition will scream 'mess we inherited' even louder. But it can and must be done. Britain had 10 good years of growth and prosperity under Labour which is one of the many reasons we won three elections and stopped David Cameron winning a majority..." http://www.theguardian.com/politics/2013/aug/13/ed-miliband-labour-veterans-alistair-darling-alan-johnson
Actually I've changed my mind about this story - there are 19 months until he GE and Labour are gong to leap at the chance to waste one more banging on about this rather than face the policy problem.
Carry on whining about this - its huuuuuuuuuuuuuge.
Apparently EdM is making a speech today about how terrible Evil Tories are. And something about living standards. I look forward to learning exactly how Labour are going to change that without giving away money we haven't got or Not Starting From Here.
On the face of it, it seems reasonable to conclude that the Tories and LDs could not have known anything about the will or the woman in question, except that they had been identified by the executors as beneficiaries. Now they do know more, though, the money should go back or be donated to appropriate causes. If it doesn't, it will clearly become a story. If it does, that's the end of it.
Whoever would have thought the Mail might spin a story? We must remember this when discussing other pieces from that paper which PB posters may have provided links to.
What a nice and trusting woman the deceased must have been.
At first I was indignant about this, but getting to the core of the issue, it looks as though the way they will was framed meant the money went to the "party that was in Government" and not the Government itself. Can't see what the fuss is about.
On the face of it, it seems reasonable to conclude that the Tories and LDs could not have known anything about the will or the woman in question, except that they had been identified by the executors as beneficiaries. Now they do know more, though, the money should go back or be donated to appropriate causes. If it doesn't, it will clearly become a story. If it does, that's the end of it.
Whoever would have thought the Mail might spin a story? We must remember this when discussing other pieces from that paper which PB posters may have provided links to.
What a nice and trusting woman the deceased must have been.
"Whoever would have thought the Mail might spin a story? We must remember this when discussing other pieces from that paper which PB posters may have provided links to."
The same with the Guardian. And the Independent. And the i. And the Times. And the Telegraph.
All newspapers spin stories to a disgraceful degree.
The money should go to the govt - to pay a civil servants final salary pension or to a charity to pay the CEO's bonus - its what she would have wanted...
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
...Writing on his blog, Campbell said Labour must be "more robust in defending the record, including the [Brown]/Darling handling of the global financial crisis". He added: "Labour have played into Tory hands on this, and there needs to be an admission of that, so that even at this late stage, a proper debate and a proper reckoning of the record can be had. The rightwing press and its broadcasting echo chamber will not be easy to turn around on this, and the coalition will scream 'mess we inherited' even louder. But it can and must be done. Britain had 10 good years of growth and prosperity under Labour which is one of the many reasons we won three elections and stopped David Cameron winning a majority..." http://www.theguardian.com/politics/2013/aug/13/ed-miliband-labour-veterans-alistair-darling-alan-johnson
So Labour are going to put their economic record under the spotlight. Should be fun. Which will they argue is their biggest achievement ? Record debt, letting the banks rip, destruction of manufacturing, benefits over work - there's just so much to go for.
Regardless of who made the decision to pay this money to the two political parties, they should pay it to HM Government now. I'm not holding my breath.
It does raise an interesting question: if donations are to be capped, will that include bequests in wills?
At first I was indignant about this, but getting to the core of the issue, it looks as though the way they will was framed meant the money went to the "party that was in Government" and not the Government itself. Can't see what the fuss is about.
Because it ticks a lot of boxes for the Mail.
Greedy politicians in London stitch up a defenceless old lady from the West Country to pocket money that was meant for schools'n'hospitals
There are so many assumptions in that story which can't be verified.
But it will wind up ordinary people. And probably make a few more people in the street buy the Mail.
Regardless of who made the decision to pay this money to the two political parties, they should pay it to HM Government now. I'm not holding my breath.
It does raise an interesting question: if donations are to be capped, will that include bequests in wills?
A bequest isn't a donation, one can hardly gain from being dead. Unless of course you think Osborne's not yet dead parents will benefit from changes in IHT.
I've tried to fight it, but I feel a golf post coming on.
Tiger yet again failed to feature in a major. Yet he won convincingly the week before.
There are several aspects to this. First his age. He is coming up on 38. On the face of it he is not that old. He has had 4 surgeries on his left knee. It is not, and never will be, 100% again. Snapping that left knee is the key component of his swing on the tee. He has also had Lasik eye surgery at least twice.So his knee and his eyes are older than 38.
There have been whispers for a while that there are some shots Tiger cannot execute dependably any more. First among these is a draw off the tee with his driver. He hit enough hooks last week to show that. Secondly he has a problem (for mainly the same reason) with greens with the flag on the left.
Possibly the biggest factor of all - he has always defined himself by the yardstick of beating Nicklaus' 18 majors. He is basically trying too hard, and also reengineering his swing on the fly all the time. He is putting himself under incredible pressure.
Finally his health. He has had knee, ankle, elbow, back problems. As he ages, these will get worse.
Is he still a good golfer? Absolutely. Does he have it in him to win more majors? Absolutely. But he is no longer the dominant player he was, due to the inconsistency of his game and not least because of the rise of new stars who aren't afraid of him.
For the first time. voices are openly wondering whether he has what it takes to beat Nicklaus' 18 majors. Time will tell.
Belatedly for Morris Dancer's benefit, I loved Njal's Saga. Both that and the Laxdaela Saga are brilliantly crafted stories, apparently artless but with a fantastic pace and a real insight into everyday life. The characters are all fully formed, sometimes only in a few words. In fact, when I'm in Hungary next week, I shall dust off my copies and reread them both.
The scenarios you describe are quite common in countries where one sector of the population wishes to use others for its own purposes.
Press photographs do not depict the two girls are being the most intelligent (probably very hedonistic) and these types of people are chosen are they are often the most credulous, gullible, naive and easily led - in fact they love being led.
Also they would not have "known the ropes" regarding the culture and potential pitfalls of a "foreign" country. They would be easily intimidated by threats of violence/rape to them or their families as such international drugs gangs have associates in many countries. If they had declined the "offer", they could have been trafficked or just sold on as sex slaves.
The "fixing" of the Authorities, at a high level, is common practice in a good proportion of the world and nearer to home that you may wish to believe and is what makes law- enforcement so difficult and conviction at times nigh impossible.
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
...Writing on his blog, Campbell said Labour must be "more robust in defending the record, including the [Brown]/Darling handling of the global financial crisis". He added: "Labour have played into Tory hands on this, and there needs to be an admission of that, so that even at this late stage, a proper debate and a proper reckoning of the record can be had. The rightwing press and its broadcasting echo chamber will not be easy to turn around on this, and the coalition will scream 'mess we inherited' even louder. But it can and must be done. Britain had 10 good years of growth and prosperity under Labour which is one of the many reasons we won three elections and stopped David Cameron winning a majority..." http://www.theguardian.com/politics/2013/aug/13/ed-miliband-labour-veterans-alistair-darling-alan-johnson
Something I've been saying here for some time.
Now might be a good time to revisit this given new BoE Governor Mark Carney's involvement as Bank of Canada Governor from 2008 might mean a more honest debate and appraisal of measures taken under Gordon Brown.
Belatedly for Morris Dancer's benefit, I loved Njal's Saga. Both that and the Laxdaela Saga are brilliantly crafted stories, apparently artless but with a fantastic pace and a real insight into everyday life. The characters are all fully formed, sometimes only in a few words. In fact, when I'm in Hungary next week, I shall dust off my copies and reread them both.
In the Old Norse, of course.
I did them at university and concur. Very vivid.
If you have not done so already you should also try to get your hands on Penguin's old edition of translated Anglo/Saxon poetry. It is well worth reading.
Where my friend is stranded Frost crusts the cracked cliff face Grey waves grind the shingle The mind cannot bear, in such a bleak place Too much grief.
OT - heartening growth figures today for Germany and France.
The german figures are hardly a surprise and will help Merkel next month. France on the other hand has done very little to address its underlying loss of competitiveness and will face a long slog before it gets its economy moving.
Former SNP leader tells Alex Salmond: Attack the English 'southern cancer' to win referendum
Scottish nationalists must dump their "sterile" case for independence and attack the English “southern cancer” if they want to win next year’s referendum, a former SNP leader has said
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
...Writing on his blog, Campbell said Labour must be "more robust in defending the record, including the [Brown]/Darling handling of the global financial crisis". He added: "Labour have played into Tory hands on this, and there needs to be an admission of that, so that even at this late stage, a proper debate and a proper reckoning of the record can be had. The rightwing press and its broadcasting echo chamber will not be easy to turn around on this, and the coalition will scream 'mess we inherited' even louder. But it can and must be done. Britain had 10 good years of growth and prosperity under Labour which is one of the many reasons we won three elections and stopped David Cameron winning a majority..." http://www.theguardian.com/politics/2013/aug/13/ed-miliband-labour-veterans-alistair-darling-alan-johnson
Something I've been saying here for some time.
Now might be a good time to revisit this given new BoE Governor Mark Carney's involvement as Bank of Canada Governor from 2008 might mean a more honest debate and appraisal of measures taken under Gordon Brown.
Which are you more proud of the massive housing bubble stoked by cheap credit or the 5.2% structural deficit run up by Brown ? Tough call.
At first I was indignant about this, but getting to the core of the issue, it looks as though the way they will was framed meant the money went to the "party that was in Government" and not the Government itself. Can't see what the fuss is about.
Because it ticks a lot of boxes for the Mail.
Greedy politicians in London stitch up a defenceless old lady from the West Country to pocket money that was meant for schools'n'hospitals
There are so many assumptions in that story which can't be verified.
But it will wind up ordinary people. And probably make a few more people in the street buy the Mail.
Accuracy be damned! It's sales that matter!
One interesting point is the Attorney General's Office rushing to defend itself from the attempted stitch-up by unnamed party sources.
The similarity of the final quotes from both parties suggests a degree of panicked collusion overnight,
OT - heartening growth figures today for Germany and France.
I remember much rejoicing in PBTory land 3 weeks back comparing British growth to stagnant Europe. Germany is actually growing faster. In fact, the whole world is recovering !
IANAE on Scottish Probate let alone the English version but there seem some things that are clear.
Firstly, the job of interpreting the will is the job and responsibility of the executors. In a case of real difficulty they will seek advice from third parties. It appears that they have done this. If this was unsuccessful then it would be normal for the executors to seek the opinion of a specialist barrister both to get an independent view and to protect their own backs. Given the size of the bequest I would be amazed if they did not do this.
Secondly, it is possible for a provision in a will to be so devoid of certainty that it becomes unenforceable. This clause may well fall into that category but this would depend on the advice obtained from the barrister and the assistance provided by precedent, if any. Ultimately this is a decision for the executors. If the condition is meaningless the bequest falls into the residue.
Thirdly, there has been an increasingly aggressive tactic adopted by various charities in seeking money in recent times. They check the probates of wills and if a will contains a provision leaving a bequest to cancer research, for example, these charities will pursue that bequest with the executors and claim it belongs to them. This is a difficult area because there are of course lots of cancer research charities and it can be unclear which one was intended.
This brings me to my final point. I don't know if the political parties seek to do anything similar or in this case it was picked up when the AGO and Treasury was contacted. If they do and sought to bring pressure on the executors to apply the money to them then they may have a problem. If they have simply been passive recipients of the cheques then I really don't see this story having legs. It is, in the latter scenario, simply not their fault or responsibility.
OT - heartening growth figures today for Germany and France.
I remember much rejoicing in PBTory land 3 weeks back comparing British growth to stagnant Europe. Germany is actually growing faster. In fact, the whole world is recovering !
The German and French figures should help boost UK economic growth.
"This was flatly contradicted by the Attorney General’s Office, which said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest.
‘It did not, nor could have, advised to whom the bequest should go."
It's quite clear that there must be a paper trail of this exchange. There is two different stories, the documentation will back up one or the other.
IANAL but to me the text of the will granting to it "which ever government is in office" is badly drafted. However I think that it's clear that "government" is the state and not a political party who's members happen to occupy office at the time.
Legally ministers act on behalf of the crown, the ministerial warrant is from the crown. It is Her Majesty's Government, not the conservative or LD parties government.
If you could still "like" something, I would have done a big "like" for John Loony's post at the very start. That post in effect ended the thread.
There is a disparity (as ever) between the Mail's headline and actuality
Person of responsibility/probity - let's call him Bill Executor - approaches you and says "Would you like some dosh, it's all kosher squire" I think you take it. It's not coming from Dodgy Ron's Used Cars or Fat Gareth's Christmas savings Club is it?
IANAE on Scottish Probate let alone the English version but there seem some things that are clear.
Firstly, the job of interpreting the will is the job and responsibility of the executors. In a case of real difficulty they will seek advice from third parties. It appears that they have done this. If this was unsuccessful then it would be normal for the executors to seek the opinion of a specialist barrister both to get an independent view and to protect their own backs. Given the size of the bequest I would be amazed if they did not do this.
Secondly, it is possible for a provision in a will to be so devoid of certainty that it becomes unenforceable. This clause may well fall into that category but this would depend on the advice obtained from the barrister and the assistance provided by precedent, if any. Ultimately this is a decision for the executors. If the condition is meaningless the bequest falls into the residue.
Thirdly, there has been an increasingly aggressive tactic adopted by various charities in seeking money in recent times. They check the probates of wills and if a will contains a provision leaving a bequest to cancer research, for example, these charities will pursue that bequest with the executors and claim it belongs to them. This is a difficult area because there are of course lots of cancer research charities and it can be unclear which one was intended.
This brings me to my final point. I don't know if the political parties seek to do anything similar or in this case it was picked up when the AGO and Treasury was contacted. If they do and sought to bring pressure on the executors to apply the money to them then they may have a problem. If they have simply been passive recipients of the cheques then I really don't see this story having legs. It is, in the latter scenario, simply not their fault or responsibility.
Spot on. I recall one particular bequest where a charity and the lady's family spent almost the entire legacy fighting with each other about what her will meant.
OT - heartening growth figures today for Germany and France.
The german figures are hardly a surprise and will help Merkel next month. France on the other hand has done very little to address its underlying loss of competitiveness and will face a long slog before it gets its economy moving.
Both above forecast, just like the UK. And just like us the French do have a long, hard slog ahead. But it's good to see growth again.
"This was flatly contradicted by the Attorney General’s Office, which said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest.
‘It did not, nor could have, advised to whom the bequest should go."
It's quite clear that there must be a paper trail of this exchange. There is two different stories, the documentation will back up one or the other.
IANAL but to me the text of the will granting to it "which ever government is in office" is badly drafted. However I think that it's clear that "government" is the state and not a political party who's members happen to occupy office at the time.
Legally ministers act on behalf of the crown, the ministerial warrant is from the crown. It is Her Majesty's Government, not the conservative or LD parties government.
Absolutely, if there is doubt, the ultimately it should vest with the crown just like any property left without a will and where next of kin cannot be traced.
The Mail claim "the Daily Mail tracked down a copy of the will".. So why did they not publish a copy of the relevant part of the will?
Also it has been my experience that the Executors write and sign the cheques - if that was done then the responsibility rests with the executors. Often the responsibility of executorship is thrust upon people who do not understand the process and what it entails. Getting probate of what looks to have been a simple will is easy and does not require the use of a lawyer. So it is probable that the executors sought advice and on finding none did what they thought was best.
OT - heartening growth figures today for Germany and France.
I remember much rejoicing in PBTory land 3 weeks back comparing British growth to stagnant Europe. Germany is actually growing faster. In fact, the whole world is recovering !
The German and French figures should help boost UK economic growth.
Good news for the UK , bad news for Labour.
It means there is some growth everywhere, not because one particular government has done something special. Even Greece is turning round, as eventually, every country does.
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
Now might be a good time to revisit this given new BoE Governor Mark Carney's involvement as Bank of Canada Governor from 2008 might mean a more honest debate and appraisal of measures taken under Gordon Brown.
Which are you more proud of the massive housing bubble stoked by cheap credit or the 5.2% structural deficit run up by Brown ? Tough call.
I have repeatedly on this very pb condemned Labour for both house price inflation and PFI. There was no real deficit problem under Labour by historic or international standards, and there is some debate as to whether the term structural deficit means anything at all.
Unlike some on here, I'm not a party hack so pride does not come into it.
Labour did not cause the global economic meltdown, and did lead the world in responding to it. My point now is that Conservative spin -- or at least, official Conservative spin, if not what we read on pb -- will now be constrained to the actualite by the involvement of HMG's shiny new Governor of the Bank of England. I dare say even now, HMG and Opposition spin doctors are scouring the records for what the then Bank of Canada chief said that was either nice or nasty about Gordon Brown or British involvement in the financial crisis.
All seems fair enough. But the issue is what should the Tories and LDs do now? Most reasonable people will believe them when they say they took the money in good faith; but they may struggle with the idea this lady really meant for her money to go to political parties rather than "to the nation". The wise thing to do would be to accept that and redirect the cash, or to send it back.
I think Mike in right and wrong in equal measure on this one.
Right in that the BBC will undoubtedly run with this during the day, probably with a phone in hosted by Nicky Campbell doing his best impression of an independent concerned citizen.
Wrong that the political parties involved have done anything wrong or immoral.
On balance, I suspect the deceased meant this to go to the government rather than a political party and, given the lack of clarity, the two parties should either return it or donate it to a range of good causes.
Plebgate was a story full of lies and innuendo and Mitchell will be entirely vindicated ultimately, that has not stopped it damaging the tories though and, even though they have done nothing wrong, this has the same potential.
The growth in France and Germany should result in export opportunities for the UK and help us achieve more balanced growth not so dependent on internal consumption. It will also encourage exporters to invest in further capacity which is a good thing.
Only an idiot would not welcome these figures as being good for the UK. It makes the current improvement much more secure than it would be if what is still our largest single customer remained in the doldrums. I expect the share of our exports going to the EU to continue to shrink but it is silly not to recognise that they are very significant.
OT - heartening growth figures today for Germany and France.
I remember much rejoicing in PBTory land 3 weeks back comparing British growth to stagnant Europe. Germany is actually growing faster. In fact, the whole world is recovering !
The German and French figures should help boost UK economic growth.
Good news for the UK , bad news for Labour.
It means there is some growth everywhere, not because one particular government has done something special. Even Greece is turning round, as eventually, every country does.
I don't share your fatalism. There is a difference between incompetence and competence.
Under Labour the UK helped pull Europe and the World into recession.
The Coalitition is in the vanguard of pulling Europe out of the mess.
Now might be a good time to revisit this given new BoE Governor Mark Carney's involvement as Bank of Canada Governor from 2008 might mean a more honest debate and appraisal of measures taken under Gordon Brown.
Which are you more proud of the massive housing bubble stoked by cheap credit or the 5.2% structural deficit run up by Brown ? Tough call.
Unlike some on here, I'm not a party hack so pride does not come into it.
Labour did not cause the global economic meltdown, and did lead the world in responding to it. My point now is that Conservative spin -- or at least, official Conservative spin, if not what we read on pb -- will now be constrained to the actualite by the involvement of HMG's shiny new Governor of the Bank of England. I dare say even now, HMG and Opposition spin doctors are scouring the records for what the then Bank of Canada chief said that was either nice or nasty about Gordon Brown or British involvement in the financial crisis.
there is some debate as to whether the term structural deficit means anything at all.
well on that we can agree, Mr Brown's claim to manage finances within the cycle wasn't so much a golden rule as an elastic guideline. He never took the tough decision to save for a rainy day as he feared it might damage his chances of being PM.
As for the rest of it's not Laboour's fault well we can ping pong back and forth all day, but suffice to say when the bust did hit Labour had left the nation in no state to face it and the actions you claimed saved us were really actions we should never have needed to take in the first place if the Govt of the day had managed its responsibilties correctly.
Nothing on BBC front page; it's the first story on the Politics page. Surely the least looked at page on bbc.co.uk.
That said, whatever the nitty-gritty, give it back.
In fact and you heard it here first, just watch how Dave finds a way to handle it that completely reclaims the initiative and makes him look like an all-round "good bloke". Nick too, maybe,.
The Mail headline is carefully crafted - the "Grasping Politicians" have "pocketed" the legacy - no active role - just passive acceptance of the money.....suggestions of a more active role might have caused them problems....
The intent is clear - the lady wanted to help whichever government was in power to tackle Britain's problems. When I read it (before knowing the parties had taken it) I just thought "That's rather sweet." Of course the parties shouldn't snaffle it. It's a good opportunity for the LibDems to do a bit of harmless differentiation - the money is not so large as to be worth fighting for, and they should swiftly give theirs to the Treasury and let the Tories argue that their share should stay in their pockets.
there is some debate as to whether the term structural deficit means anything at all.
well on that we can agree, Mr Brown's claim to manage finances within the cycle wasn't so much a golden rule as an elastic guideline. He never took the tough decision to save for a rainy day as he feared it might damage his chances of being PM.
As for the rest of it's not Laboour's fault well we can ping pong back and forth all day, but suffice to say when the bust did hit Labour had left the nation in no state to face it and the actions you claimed saved us were really actions we should never have needed to take in the first place if the Govt of the day had managed its responsibilties correctly.
I do not doubt that the term structual deficit has a meaning. It means the amount by which the expenditure of the government exceeds the normal flow of income that might be expected. So in 2006 Brown was not only running a deficit but he was runnign a deficit on inflated income created by the dangerous finance and property bubbles he was presiding over. The structural deficit was the amount by which that spending exceeded the expected income going forward once the bubble had collapsed.
What I agree is almost impossible is getting any kind of accurate measurement of that. To take the obvious point in the years since the bubble finance revenues have not been normal but artificially reduced. Is that the right measure? I doubt it but it shows the problems.
None of this excuses Brown from allowing UK public expenditure to increase too fast in an unsustainable way that resulted in catastrophic borrowing when the bubble burst. We were simply the worst positioned country on the planet for 2007 and all of Brown's (and Darling's) claims to the contrary were false.
When we all thought that Labour are a bunch of incompetent charlatans incapable of organising a drinks reception in a nationalised brewery, along come the Coalition parties to show that they might struggle to put money into a transparent honesty box in a museum.
Comments
"The Attorney General’s Office [...] said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest.
‘It did not, nor could have, advised to whom the bequest should go.’
A Tory party spokesman said: ‘The solicitors for the deceased, acting as the executors, informed the Conservative Party that it was a beneficiary of the will.’
A Lib Dem spokesman said: ‘The Liberal Democrats were notified that the party was a beneficiary of Miss Edwards’s will.’ "
(emphasis added)
The money was not destined for Tory coffers or their coalition partners, but should have been nominated for a hospice or similar.
She clearly trusted the government with her money, which most of us (hopefully) would not.
I always used to prefer my favourite gorgeous hunks to be clean-shaven, and I usually find them sexier when they are. But in the case of Daniel Radcliffe (who is currently the most gorgeous man in the world) I prefer him to be stubbly (as he usually is). I think it's because it's a sign of masculinity, and because he's so smooth and beautiful that he is capable of being stubbly without looking scruffy. It may also be partly because he was already very stubbly unusually early when I saw him in "Equus" when he was only 17½. I sometimes think that I have an Orwellian case of "doublethink" in that I prefer some people to be stubbly when they are stubbly, and prefer them to be clean-shaven when they're clean-shaven.
I went without shaving for 19 days in 2006 just to see what it was like. My memory is that it was awkward and itchy for the first few days, but then better.
"Airey Neave wrote "Cecil Parkinson told me that the Whips had heard via J. Selwyn Gummer that Shirley Williams had said the Labour Party had a 'dossier' on Edward Du Cann and his City connections."
http://www.bbc.co.uk/news/uk-politics-23691209
I'm struggling to see how a political party could get it hands on money intended for the State as a donation to spend - surely it is the responsibility of the Executors to pass it HMRC.
A most peculiar story. I remain sceptical - if the Executors have made an error, then the Parties should just hand it back.
I hate to see squabbling over wills at the best of times.
However someone decided to give it to the parties.
I assume that the money was deposited in a crown bank account and then distributed from there ?
Politically awful, and someone made the decision to do so.
"In 2010-11, members of the public gave more than £1 million to the Government, almost all of it left in wills.
Executors of the estates write a cheque made out to “HM Treasury” and it goes into the nation’s coffers. Bequests to individual political parties usually involve a specific clause in a will. "
On an unrelated topic, during 1969-70 I lived in Swiss Cottage and Kilburn, working on Marylebone Road. I used to frequent Classic Cinemas, in particular the ones in Baker Street, Hampstead, and Praed Street Paddington. The Praed Street cinema was an almost untouched theatre from the 1920s. The Hampstead one was a small and comfortable cinema at the bottom of hill, and the Baker Street one was a nice comparatively new though small theatre.
The Beatles Apple boutique on Baker Street was still there.
On googling them this evening, I was somewhat disappointed to find that not a single one is still standing.
YouGov internals - issues affecting Nation:
Economy: 67 (+1)
Immigration: 54 (+4)
Health: 32 (-9)
The immigration shift is mainly among Labour and LibDem voters (+9)
http://cinematreasures.org/theaters/united-kingdom
British Library's wi-fi service blocks 'violent' Hamlet
The final sentence states:
The British Library defended its position, saying that it wanted to protect children visiting the building from content "such as pornography and gambling websites".
* the executors contacted the Attorney General's office
* the office refused to provide any meaningful guidance, then
* the executors spontaneously donated the cash to the parties?
If that is indeed what happened, then it appears to be the executors who are at fault, since they failed to follow the instructions in the will. Seems unlikely though.
The Church of England’s rival to payday loan companies will not be ready to do business for more than ten years, the Archbishop of Canterbury admitted yesterday.
Justin Welby said setting up credit unions to compete with controversial lenders such as Wonga will take ‘major skills and much time’.
His admission amounts to a second climbdown since he promised to ‘compete Wonga out of existence’. http://www.dailymail.co.uk/news/article-2392433/Wait-Justin-Welbys-Wonga-Archbishop-admits-churchs-rival-loan-company-ready-decade.html
"Tory and Lib Dem sources claimed the executors of Miss Edwards’ will, two West Country solicitors, initially contacted the Government’s Treasury Solicitors department to ask where to send the cash, and that both the Treasury Solicitors and the office of Attorney General Dominic Grieve – a Conservative MP – then ruled it was a ‘party political donation’.
This was flatly contradicted by the Attorney General’s Office, which said: ‘The executors of Miss Edwards’s estate contacted the AGO about her bequest but the Attorney provided no advice.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest.
‘It did not, nor could have, advised to whom the bequest should go.’
Read more: http://www.dailymail.co.uk/news/article-2392343/Grasping-politicians-pocket-spinsters-500-000-legacy-bequeathed-government-spend-think-fit.html#ixzz2bv96dt9U
"Grasping politicians steal spinster's bequest" was always going to be a better story than "Two West Country Solicitors Screw Up".... What ever the facts.....
Within MOE - margin of Edless.
Now they're asking Sir Alistair Graham who knows nothing about it for his inexpert opinion, good grief.
Oh and they haven't asked anyone from the solicitors - in fact they don't know who they are. Well how very impressive.
Tim clearly does; why else would he waste his life posting here so often?
I suspect todays threads will prove that point, I'm expecting at least 100 'Grant Spivs'.
I suspect the decision by the solicitors depends on whether the legacy was:
to "the Government" or to "whoever is in Government" - i.e. are they leaving it to the government or to the bodies that form the government.
That said, this is one of those stories where the facts really don't matter. It just sounds horrible.
It's an interesting headline by the Mail though. Hugely negative in tone - but doesn't actually *accuse* the government of anything inappropriate. I wonder if they are nervous about libel (can you libel a party?)
The Times were the *paper of record* in the past - so not quite sure what's going on or if the study was flawed.
How many of us (the non-lawyers aside) can honestly say we've updated our wills in the last five years, or since a big event in our lives (marriage, birth of a new child etc)?
Off - topic Bimbo Marching Powder
For some reason the two rather stupid young women arrested in Peru for trying to smuggle cocaine is leading the BBC this morning so I thought I'd pass on what I've heard.
Firstly the young women are guilty as a puppy sitting next to a pile of poo. They knew what they were doing. The "we were forced to", "they had guns pointed at our head" is the line that their handlers told to say if anything went wrong. So they are guilty and can look forward to seven years (the twenty-five years reported is nonsense) in the Santa Mónica female prison. An unpleasant place to be yet their own responsibility.
So far so clear. Thats what happens when two bimbos carry $1.5 million of cocaine through Peruvian customs.
From what i'm told, the wider context is more complex - and please note this doesnt in anyway excuse the criminality of the two. They are, rather dim, which begs the question why an international drugs cartel would entrust such a large amount of cocaine with two rather intellectually challenged people? The answer appears to be that they were the fall guys. Rather a lot of cocaine goes through the route they were taking, in order to "turn a blind eye" at the airport Peruvian customs are routinely bribed. Here is the bribe. $1.5 million of cocaine, the head of customs gets to strut his stuff (and no doubt pick up a bonus) and the Peruvian government can point to a very public example of its efforts in the "war on drugs" and so convince the Yanquis to continue to give them millions of dollars to order to fight cocaine production, a fight no Peruvian government has any intention of ever joining, but every intention of milking the gullible gringoes for.
So rather like betting - never play for stakes you cant afford and never play with people who have more power and greater knowledge than you.
Interestingly, Tim Finchem, PGA Tour Commissioner, issued a statement that was something of a non-denial denial. There have been rumors for some time of a takeover - sorry merger. The PGA Tour is surging ahead, whereas the European Tour simply has no business vision.
There's one in the Times yesterday about the Tesco Polish workers story - but the chappy is actually a Tesco Beijing employee and he's erm Chinese.
Carry on whining about this - its huuuuuuuuuuuuuge.
"Labour has "played into Tory hands" by failing to defend Gordon Brown's economic record, former Downing Street spin doctor Alastair Campbell has said. Campbell, who was Tony Blair's right-hand man in Number 10, said his party has now "lost the weapon" of a good record on the economy because of Labour's desire to break with the past.
...Writing on his blog, Campbell said Labour must be "more robust in defending the record, including the [Brown]/Darling handling of the global financial crisis". He added: "Labour have played into Tory hands on this, and there needs to be an admission of that, so that even at this late stage, a proper debate and a proper reckoning of the record can be had. The rightwing press and its broadcasting echo chamber will not be easy to turn around on this, and the coalition will scream 'mess we inherited' even louder. But it can and must be done. Britain had 10 good years of growth and prosperity under Labour which is one of the many reasons we won three elections and stopped David Cameron winning a majority..." http://www.theguardian.com/politics/2013/aug/13/ed-miliband-labour-veterans-alistair-darling-alan-johnson
Whoever would have thought the Mail might spin a story? We must remember this when discussing other pieces from that paper which PB posters may have provided links to.
What a nice and trusting woman the deceased must have been.
The same with the Guardian. And the Independent. And the i. And the Times. And the Telegraph.
All newspapers spin stories to a disgraceful degree.
It does raise an interesting question: if donations are to be capped, will that include bequests in wills?
Greedy politicians in London stitch up a defenceless old lady from the West Country to pocket money that was meant for schools'n'hospitals
There are so many assumptions in that story which can't be verified.
But it will wind up ordinary people. And probably make a few more people in the street buy the Mail.
Accuracy be damned! It's sales that matter!
Tiger yet again failed to feature in a major. Yet he won convincingly the week before.
There are several aspects to this. First his age. He is coming up on 38. On the face of it he is not that old. He has had 4 surgeries on his left knee. It is not, and never will be, 100% again. Snapping that left knee is the key component of his swing on the tee. He has also had Lasik eye surgery at least twice.So his knee and his eyes are older than 38.
There have been whispers for a while that there are some shots Tiger cannot execute dependably any more. First among these is a draw off the tee with his driver. He hit enough hooks last week to show that. Secondly he has a problem (for mainly the same reason) with greens with the flag on the left.
Possibly the biggest factor of all - he has always defined himself by the yardstick of beating Nicklaus' 18 majors. He is basically trying too hard, and also reengineering his swing on the fly all the time. He is putting himself under incredible pressure.
Finally his health. He has had knee, ankle, elbow, back problems. As he ages, these will get worse.
Is he still a good golfer? Absolutely. Does he have it in him to win more majors? Absolutely. But he is no longer the dominant player he was, due to the inconsistency of his game and not least because of the rise of new stars who aren't afraid of him.
For the first time. voices are openly wondering whether he has what it takes to beat Nicklaus' 18 majors. Time will tell.
The scenarios you describe are quite common in countries where one sector of the population wishes to use others for its own purposes.
Press photographs do not depict the two girls are being the most intelligent (probably very hedonistic) and these types of people are chosen are they are often the most credulous, gullible, naive and easily led - in fact they love being led.
Also they would not have "known the ropes" regarding the culture and potential pitfalls of a "foreign" country. They would be easily intimidated by threats of violence/rape to them or their families as such international drugs gangs have associates in many countries. If they had declined the "offer", they could have been trafficked or just sold on as sex slaves.
The "fixing" of the Authorities, at a high level, is common practice in a good proportion of the world and nearer to home that you may wish to believe and is what makes law- enforcement so difficult and conviction at times nigh impossible.
Now might be a good time to revisit this given new BoE Governor Mark Carney's involvement as Bank of Canada Governor from 2008 might mean a more honest debate and appraisal of measures taken under Gordon Brown.
I did them at university and concur. Very vivid.
If you have not done so already you should also try to get your hands on Penguin's old edition of translated Anglo/Saxon poetry. It is well worth reading.
Where my friend is stranded
Frost crusts the cracked cliff face
Grey waves grind the shingle
The mind cannot bear, in such a bleak place
Too much grief.
In politics, perceptions matter, sometimes more than the facts.
And this story gives an almost evil perception to the Tories and the Lib Dems.
The support of the fans has persuaded him to do so.
Liverpool to win the league now
Scottish nationalists must dump their "sterile" case for independence and attack the English “southern cancer” if they want to win next year’s referendum, a former SNP leader has said
http://www.telegraph.co.uk/news/uknews/scotland/10240802/Former-SNP-leader-tells-Alex-Salmond-Attack-the-English-southern-cancer-to-win-referendum.html
The similarity of the final quotes from both parties suggests a degree of panicked collusion overnight,
Firstly, the job of interpreting the will is the job and responsibility of the executors. In a case of real difficulty they will seek advice from third parties. It appears that they have done this. If this was unsuccessful then it would be normal for the executors to seek the opinion of a specialist barrister both to get an independent view and to protect their own backs. Given the size of the bequest I would be amazed if they did not do this.
Secondly, it is possible for a provision in a will to be so devoid of certainty that it becomes unenforceable. This clause may well fall into that category but this would depend on the advice obtained from the barrister and the assistance provided by precedent, if any. Ultimately this is a decision for the executors. If the condition is meaningless the bequest falls into the residue.
Thirdly, there has been an increasingly aggressive tactic adopted by various charities in seeking money in recent times. They check the probates of wills and if a will contains a provision leaving a bequest to cancer research, for example, these charities will pursue that bequest with the executors and claim it belongs to them. This is a difficult area because there are of course lots of cancer research charities and it can be unclear which one was intended.
This brings me to my final point. I don't know if the political parties seek to do anything similar or in this case it was picked up when the AGO and Treasury was contacted. If they do and sought to bring pressure on the executors to apply the money to them then they may have a problem. If they have simply been passive recipients of the cheques then I really don't see this story having legs. It is, in the latter scenario, simply not their fault or responsibility.
Bloody hilarious though.
Good news for the UK , bad news for Labour.
‘The Treasury Solicitors replied on behalf of the Attorney General’s Office setting out further steps the executors may wish to take to identify the correct recipient of the bequest.
‘It did not, nor could have, advised to whom the bequest should go."
It's quite clear that there must be a paper trail of this exchange. There is two different stories, the documentation will back up one or the other.
IANAL but to me the text of the will granting to it "which ever government is in office" is badly drafted. However I think that it's clear that "government" is the state and not a political party who's members happen to occupy office at the time.
Legally ministers act on behalf of the crown, the ministerial warrant is from the crown. It is Her Majesty's Government, not the conservative or LD parties government.
There is a disparity (as ever) between the Mail's headline and actuality
Person of responsibility/probity - let's call him Bill Executor - approaches you and says "Would you like some dosh, it's all kosher squire" I think you take it. It's not coming from Dodgy Ron's Used Cars or Fat Gareth's Christmas savings Club is it?
http://www.libdemvoice.org/daily-mail-accuses-grasping-politicians-of-pocketing-spinsters-500000-legacy-lets-have-some-facts-first-please-35731.html
The Mail claim "the Daily Mail tracked down a copy of the will".. So why did they not publish a copy of the relevant part of the will?
Also it has been my experience that the Executors write and sign the cheques - if that was done then the responsibility rests with the executors. Often the responsibility of executorship is thrust upon people who do not understand the process and what it entails. Getting probate of what looks to have been a simple will is easy and does not require the use of a lawyer. So it is probable that the executors sought advice and on finding none did what they thought was best.
Unlike some on here, I'm not a party hack so pride does not come into it.
Labour did not cause the global economic meltdown, and did lead the world in responding to it. My point now is that Conservative spin -- or at least, official Conservative spin, if not what we read on pb -- will now be constrained to the actualite by the involvement of HMG's shiny new Governor of the Bank of England. I dare say even now, HMG and Opposition spin doctors are scouring the records for what the then Bank of Canada chief said that was either nice or nasty about Gordon Brown or British involvement in the financial crisis.
Right in that the BBC will undoubtedly run with this during the day, probably with a phone in hosted by Nicky Campbell doing his best impression of an independent concerned citizen.
Wrong that the political parties involved have done anything wrong or immoral.
On balance, I suspect the deceased meant this to go to the government rather than a political party and, given the lack of clarity, the two parties should either return it or donate it to a range of good causes.
Plebgate was a story full of lies and innuendo and Mitchell will be entirely vindicated ultimately, that has not stopped it damaging the tories though and, even though they have done nothing wrong, this has the same potential.
Only an idiot would not welcome these figures as being good for the UK. It makes the current improvement much more secure than it would be if what is still our largest single customer remained in the doldrums. I expect the share of our exports going to the EU to continue to shrink but it is silly not to recognise that they are very significant.
Under Labour the UK helped pull Europe and the World into recession.
The Coalitition is in the vanguard of pulling Europe out of the mess.
As Lib Dem voice observes:
" everyone believes the Daily Mail when it suits them."
well on that we can agree, Mr Brown's claim to manage finances within the cycle wasn't so much a golden rule as an elastic guideline. He never took the tough decision to save for a rainy day as he feared it might damage his chances of being PM.
As for the rest of it's not Laboour's fault well we can ping pong back and forth all day, but suffice to say when the bust did hit Labour had left the nation in no state to face it and the actions you claimed saved us were really actions we should never have needed to take in the first place if the Govt of the day had managed its responsibilties correctly.
Dave: You take money from the Unions
Ed: At least I don't nick money from Old Ladies' wills
Nothing on BBC front page; it's the first story on the Politics page. Surely the least looked at page on bbc.co.uk.
That said, whatever the nitty-gritty, give it back.
In fact and you heard it here first, just watch how Dave finds a way to handle it that completely reclaims the initiative and makes him look like an all-round "good bloke". Nick too, maybe,.
Does anyone believe that the intention of this little old lady was to give money direct to the parties, rather than for the public good?
Which is why its the Tony Blair of newspapers - it rides many horses at the same time.
Lefties always know whats best for people - and that the govt can spend your own money better than you alive or dead.
LibDems said yesterday gift was to “whoever was the party of government of the day”. "Party" not mentioned in will @NickCohen4 @stephentall
@MShapland
Both Parties spoke to Treasury to check if Joan Edwards bequith should go to the Treasury before accepting. important executors clarify